Opinion
Civ. 23-35 JCH/SCY
05-31-2023
CRAIG GABALDON Plaintiff, v. NEW MEXICO STATE POLICE; KEVIN SMITH, in his individual capacity; KURTIS WARD, in his individual capacity; and JOHN DOES 1 THROUGH 4, Defendants.
ORDER ADOPTING PROPOSED FINDINGS AND RECOMMENDATION
THIS MATTER is before the Court on Magistrate Judge Steven C. Yarbrough's May 16, 2023 Proposed Findings And Recommended Disposition (“PFRD”). Doc. 19. In that PFRD, Judge Yarbrough recommends that the Court dismiss without prejudice Defendants John Does 1 through 4. Id. Judge Yarbrough notified the parties that they had 14 days from service of the PFRD to file any objections to the PFRD. Id. at 2. The parties have not filed any objections to the PFRD, thereby waiving their right to review of the proposed disposition. See United States v. One Parcel of Real Prop., 73 F.3d 1057, 1060 (10th Cir. 1996). Furthermore, upon review of the PFRD, the Court concurs with Judge Yarbrough's findings and recommendation.
IT IS THEREFORE ORDERED THAT:
1. The Court ADOPTS Judge Yarbrough's Proposed Findings and Recommended Disposition (Doc. 19).
2. Defendants John Does 1 through 4 are DISMISSED WITHOUT PREJUDICE from this action.
3. Given this Order, the Order to Show Cause (Doc. 17) is QUASHED.
IT IS SO ORDERED.